According to the recent SEC filing you all know, ETH is now a commodity -
highlight: according to the SECIs there still a chance that some other force (e.g. congress) will overthrow SEC's right to make this decision?
(Source: SEC mentions ETF funds as Commodity-Based Trust Shares:
https://www.sec.gov/files/tm/lk87adfs99.pdf )
I think there are still other forces like Congress that can change this decision. As we know, Congress has the ability to pass a rule or even transfer regulatory authority from the SEC to another body. However, whether Congress wants to handle it or not.
It's another question and we shall see it answered in the future. You are right.